Leave And License Agreement This Agreement Made At Mumbai

leave and license agreement this agreement made at mumbai this ___th day of ____________, 2018. between mr [____] (aged __) and (sec

Leave and License Agreement
This agreement made at Mumbai this ___th Day of ____________, 2018.
BETWEEN
Mr [____] (aged __) and (Second owner if any) Mrs [_______] (aged __),
both residing at [______________________________] herein after called
“the Licensor” (which expression shall wherever the context so
requires and admits mean and include the Licensor’s successors) of the
One Part
AND
[ Name and Address ] hereinafter called “the Licensee” (which
expression shall wherever the context so requires and admits mean and
include its successors) of the Other Part.
WHEREAS
The Licensors represented and declared to the Licensee that they are
absolutely seized and possessed of ALL THAT or otherwise well and
sufficiently entitled to hold, use and occupy the residential Flat No.
__ , on the __th floor of the building known as “_________”, and
measuring about [___ ]sq. ft. super area, along with _______
designated car parking spaces, on land bearing C.S. No. _________ of [
CS division / village], Mumbai - 400 0__; (more particularly described
in the schedule hereunder written), TOGETHER with all the fixtures,
furniture and fittings therein provided as mentioned in Annexure 1
attached under together with exclusive right to use and enjoy all the
amenities and facilities attached thereto as also right in common to
use and enjoy all the common facilities, privileges incidental
attached to and/or the said Flat as also above mentioned car parking
space (hereinafter collectively referred to as “the said premises”).
AND WHEREAS the Licensors have agreed to give to the Licensee on Leave
and License basis the said premises for exclusive use by [ Employee
name ] and his respective family members and guests as Residence.
A.
The Licensor has represented and warranted that the Licensor has
duly paid to the Builders/ Building / Management of the Complex
all charges and outgoings due and payable by the Licensor up to
date of this Agreement in respect of Licensed Premises. The
Licensor has represented that the Licensor is the lawful owner of
the licensed premises having marketable and saleable right, title
and interest. The Licensor further represented that the stay of
the licensee in the licensed premises shall be hassle free and
shall not be disturbed under any circumstances owing to any action
of the Licensor. The Licensor has observed and performed all the
rules and regulations and bye-laws of the society for the time
being enforced in so far and to the extent applicable to the
licensed premises or any part thereof.
B.
The Licensor hereby states that the Licensor has not sold,
assigned, gifted or set up a trust in or mortgaged, nor created
any third party interest till date. Provided however that the
Licensor shall always be entitled to create mortgage and/or
hypothecate that the licensed premises to any Bank or financial
institution or to third party without handing over possession of
the licensed premises during the continuance of the licensee in
terms of this Agreement. Any mortgaged or charge to be created by
the Licensor shall be subject to provisions of this Leave &
License agreement and interest of the licensee under this
agreement. The Licensor also states that the there is no
litigation pending, touching the licensed premises in any court of
law in India or abroad.
C.
The Licensor shall obtain the written consent [NOC] of the
Builders/ Building / Management of the Complex as may be
applicable to the grant of a license of the Licensed Premises in
favour of the Licensee and shall deliver to the Licensee , a
certified true copy of the same
D.
The Licensor has represented and warranted that the Licensor has
full right, absolute power and authority to enter into this
Agreement with the Licensee for the Licensed Premises;
E.
The Licensee has requested Licensor to give the Licensed Premises
on leave and license basis to the Licensee for residential use of
Mr. [ Employee Name ] which the Licensor has agreed to do upon and
subject to the terms and conditions hereinafter appearing;
NOW THIS AGREEMENT WITNESSETH AND IT IS HEREBY AGREED BY AND BETWEEN
THE PARTIES HERETO as follows:
1.
The Licensor hereby grants to the Licensee, leave and license to
use and occupy the Licensed Premises for a period of __ months on
and from ___th ________ 2018. Further, it is expressly agreed by
and between the parties hereto that the first __ months of the
licensee period is the lock-in-period. Both Licensor and Licensee
shall be entitled to terminate this Agreement on _ months written
notice only post the lock-in period.
2.
(a) The Licensee shall pay to the Licensor a monthly license fee
or compensation of Rs ____/- per month (in words) for the use of
the Licensed Premises, which shall be paid by the Licensee in
advance on __th day of each rent month without any default .
b.
There shall be an escalation of __ % in the monthly license
fee after completion of initial __ months of the agreement
tenure.
c.
The Licensee shall regularly pay all telephone bills,
electricity bills, Internet & gas bills at actual for use
thereof by the Licensee in the Licensed Premises as per bills
received.
3.
The Licensee shall at the Licensee’s own cost and expenses keep
and maintain the interior of the Licensed Premises in good
condition (reasonable wear and tear accepted).
4.
The Licensee shall observe all rules, regulations and bye-laws of
the Builders/ Building / Management of the Complex for the time
being in force in so far and to the extent required to be observed
by the Licensee as the occupant for the time being of the Licensed
Premises. The Licensee shall not do or suffer to be done anything
whereby the Licensor’s right to hold the Licensed Premises is
avoided forfeited or extinguished. Failure to do so would give the
Licensor the right to rescind/revoke the Leave and License
agreement and claim for any damages sustained.
5.
The Licensee hereby granted by the Licensor to the Licensee is
personal to the Licensee and the Licensee shall not assign,
transfer, sublet or underlet the Licensed Premises or any part
thereof to or in favour of any person, firm or company and/or
assign and/or transfer the benefit of this Agreement to anyone.
6.
The Licensee shall not do or suffer to be done in or upon the
Licensed Premises anything whatsoever which maybe or become a
nuisance or annoyance to or in any way interfere with the quiet or
comfort of the Licensor or the other occupants of the building in
which the Licensed Premises is situated.
7.
The Licensee shall permit the Licensor and its agents, surveyors
and workmen with all necessary appliances to enter into and upon
the Licensed Premises at all reasonable times by giving at least
48 hours prior notice in writing (except in any emergency) to the
Licensee for the purpose either for viewing the condition of the
Licensed Premises or for doing such works or things as maybe
requisite or necessary for any repairs either of the Licensed
Premises and/or the water pipes and/or the drains in or under the
Licensed Premises of for enabling the Licensor to perform any of
the Licensee’s covenants and conditions contained herein.
8.
The Licensee shall not make any alternations in or any additions
to the Licensed Premises or any part thereof of a permanent or
structural nature without the previous consent in writing of the
Licensor provided, however, that the Licensee shall be at liberty
at its own cost and expense to install lights, screens, shelves
and partitions of a non-permanent or non-structural nature and
other domestic house-hold fittings and appliances and to remove
the same at its own cost and expense without in any manner
damaging the condition of the interior of the Licensed Premises of
any part thereof or the fixtures or effects thereof and restore
the same to the original condition upon return of the premises
(reasonable wear and tear accepted).
9.
The Licensor shall regularly and punctually pay all existing and
future rents, rates, taxes, assessments, ceases or other
out-goings whether Central, State or Municipal, assessed, charged,
imposed, levied or payable in respect of the Licensed Premises or
any part thereof and all increases therein including all charges
for maintenance or other outgoings levied or recovered by the
Society from time to time in respect of the Licensed Premises for
or in connection with the grant by the Licensor to the Licensee of
the license to use the Licensed Premises.
10.
The Licensor & Licensee shall observe and comply with the rules
and regulations and bye-laws of the Builders/ Building / Managing
Committee thereof for the time being in force in so far and to the
extent they are required to be observed and complied with both the
parties.
11.
Upon the Licensee paying to the Licensor the monthly licensee fee
or compensation hereby fixed and observing and performing the
terms of this Agreement, the Licensee shall be entitled to
peacefully and quietly use and occupy the Licensed Premises during
the period of this Agreement without any interruption or
disturbance by the Licensor.
12.
The Licensee agrees to pay to the Licensor a sum of Rs.--------
(Rupees ---- Lacs only) as interest free refundable security
deposit for due performance by the Licensee of the terms of this
Agreement (hereinafter referred to as “the security deposit”). The
Licensor acknowledges the receipt of the Security Deposit of
Rs.------./- (Rupees -------- Lacs only). The amount of interest
free refundable Security Deposit, shall be retained by the
Licensor and returned to the Licensee, without interest, within 10
days of the Licensee removing itself and all its belongings
chattels, articles and things from the Licensed Premises on the
expiration or sooner determination of this Agreement and handing
over vacant possession thereof to the Licensor.
13.
In the event of the Licensee refusing or failing for any reason
whatsoever to comply with the provisions of clause 12 above
despite the Licensor being ready and willing to return to the
Licensee the amount of the Security Deposit paid by the Licensee
the Licensor shall be entitled to forfeit the Security Deposit
without prejudice to his right to evict the Licensee and recover
possession of the licensed premises. In addition the Licensee will
be liable to pay 2 times the License fee or compensation per day
as specified in Cause 2(a) of this agreement till such time that
the Licensee handing over peaceful and vacant possession to the
Licensor.
14.
In the event of termination or sooner determination of the
agreement, if the licensee is ready and willing to return the
premises & has paid all dues and rent as required, & the licensor
fails or refuses to return the security deposit , then the
licensee shall be allowed to use the premises free of cost and
charge the licensor an interest of 18 % p.a. on the non-refunded
security deposit amount, till such time that the licensor refunds
the complete security deposit amount along with any such penalty
interest amount.
15.
If at any time during the License period or extension/renewal
thereof the Licensed Premises are destroyed/damaged and rendered
unfit for use and habitation, not due to the negligence of the
Licensee, the License granted under this Agreement shall stand
terminated and the Security Deposit shall become refundable within
one month period of the said destruction/damage. The Licensor
shall refund the Security Deposit without any delay or demur.
16.
Nothing herein contained shall be construed as creating any right,
interest, easement, tenancy or sub-tenancy in favour of the
Licensee in over or upon the Licensed Premises or any part thereof
or transfer any interest therein favour of the Licensee other than
the permissive right of use hereby granted.
17.
In the event of Licensee committing default in carrying out any of
the terms and conditions of this Agreement and/or committing
default in payment of the license fee for any two months and/or
committing default in payment of the charges of telephone bills
and/or electricity bills, the Licensor shall be entitled to
terminate this Agreement by giving thirty days notice and if
inspite of such notice the default continues this Agreement shall
automatically stand terminated and the consequences of
expiration/determination/termination of this Agreement shall
follow.
18.
It will be incumbent on both the Parties for getting the Agreement
adjudicated for stamp-duty payable thereon and registered as
required The charges of stamp duty and registration on this Leave
and License Agreement will be borne by the licensors.
19.
The Licensors and Licensee, each shall bear their respective legal
& real estate advisors costs if any.
20.
Any notice required to be served hereunder shall be sufficiently
served on the Licensor if sent by registered post acknowledgement
due to the Licensor’s address at
[ permanent address of licensor]
and in the case of the Licensee at Licensee’s Address
[ permanent address of licensee ].
21.
This Agreement will be subject to the exclusive jurisdiction of
the Courts in Mumbai only.
IN WITNESS WHEREOF the parties hereto have executed this Agreement in
duplicate the day and year first above written.
SIGNED
By Licensor and (Second Owner If any)
In the presence of
1.
Mr. _______________
SIGNED by ( Licensee)
In the presence of
1.
Mr. _______
Annexure 1